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historic, and for that reason, we’d like to preserve some of it from being overridden by
<br />condominiums for rentals. However, I’m not here to create a problem; I’m just here to try to
<br />influence you to do the right thing, in my opinion, as a steward of the land. And the right thing
<br />would be to slow down. Slow down. I can’t say it anymore. We are here to protect not only the
<br />land today, but the historic presence of our kupuna kahiko, and that includes Ili Kalkaua,
<br />Keakamahana, Keawekekahi, Alapa‘inui – you name all of them, they resided there and they
<br />worshiped there. So if you take this condominium, you will be destroying part of our heritage.
<br />Thank you very much.
<br />PILAGO: Greetings, Chairperson Housel. My name is Angel Pilago. I reside at 73-1224
<br />Ka‘iminani Drive, here in Kailua. Thank you, Members of the Leeward Planning Commission
<br />for being here this day, Director Todd for putting the meeting together, and Counsel Gonzalez,
<br />thank you all and the staff. This morning I will discuss three precedents that will give you cause
<br />to deny the SMA application, 10-41: One is from a historical precedent, the other one is a legal
<br />precedent, and the third is a community precedent. As you know, I wrote a bill making the
<br />Charter amendment to create two Planning Commissions from which you exist today. You and
<br />we are the same. We here as family and neighbors are here to protect our resources to protect
<br />our people and to make sure our history moves to the future. Out of that there is a historical
<br />precedent. No matter what this applicant says in terms that they can because they have a zoning
<br />precedence to allow for this SMA application, remind you that in the 1995 past Kohanaiki case
<br />that was verified up in the United States in 1997, one of the precepts was that because the native
<br />laws predate western fee-simple laws, both were held by agencies and institutions, such as
<br />yourself, to be on equal footing. What it also says is that we the people who are descendants
<br />from the prehistory contact have precedence. And I need to remind you that you are charged, as
<br />we, to protect our resources and our ‘ina. Again, that is adjudicated in Hawai‘i State Supreme
<br />Court in 1995, again reaffirmed at the United States level in 1997. A follow-up to that was a
<br />Supreme Court case, Ka Pa‘akai O Ka ‘ina in 2000 – that was Four Seasons here – again it was
<br />re-verified, and that created the Legislative Act 50 that the native lands belong in a public trust.
<br />And you are obligated to protect the environmental and cultural resources that allow cultural
<br />practices to continue, or else the history of our people is severely destroyed and diminished,
<br />severely diminished and even destroyed. We ask you to consider these things. So these are the
<br />legal precedents. The historical precedence, again, Hawaiian law predates western law, you
<br />must use that in your recommendation to the Council. That gives you cause and validity to deny
<br />this SMA. The community precedent that Kevin spoke of earlier is that there was a government,
<br />community and private agreement that created Honl’s. You should work to bring about these
<br />kinds of agreement. Again, the people you see here today are (inaudible) in that here we called
<br />are not to compete against you, and you should not insulate the developer; but we are here to
<br />protect our cultural practice, which is surfing, which is fishing, which are religious practices, and
<br />remind you that you are treading on ground, as we are, to protect the civil rights of the people
<br />that are here, that you are purview and responsible to protect.I see amongst your groups, friends
<br />and neighbors, cultural practitioners, all, reach into your heart. Deny SMA 10-41.
<br />HOUSEL: Would you like to proceed, please? State your name and address.
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<br />EXHIBIT C
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